Employees Provident Fund Organisation vs Incab Industries Ltd

IN THE MATTER OF: Employees Provident Fund Organisation, Regional Office, Kolkata ...Appellant

Versus

INCAB Industries Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Kaushal Gautam, Advocate. For Respondents: Mr. Shaunak Mitra, Mr. Siddharth Makkar, Advocates.

ORDER

(Hybrid Mode)

01.05.2025: I.A. No. 1940 of 2025: This is an application praying for

condonation of 7 days' delay in filing the appeal. Reason for occurrence of

delay are given in Para 2 (iii), (iv) and (v) of the application. Cause shown in

the application being sufficient, delay is condoned. I.A. No.1940 of 2025 is

disposed of.

2. Heard learned counsel for the Appellant as well as learned counsel

appearing for the Respondent - Resolution Professional. This appeal has been

filed against order passed by the Adjudicating Authority dated 08.01.2025 in

I.A. No.1400 of 2023. The Appellant is aggrieved of only part of the order i.e.

direction issued in Para 24(d), which is as follows:

"d) If the claims contain damages imposed prior to the initiation of CIRP of the corporate debtor, the same may

Cont'd.../ 2

be waived off by the Central Board under Section 32(b) of the EPF Scheme, 1952 if applied for."

3. Learned counsel for the Appellant submits that the said direction is

mandatory in nature and direction is issued to waive off the pre-CIRP

damages by the Central Board under Section 32(b) of the EPF Scheme, 1952.

It is submitted that the statutory authority has the jurisdiction to consider

any waiver and decide the same in accordance with law. It is submitted by

learned counsel for the Respondent that the expression used in the order is

only 'may'.

4. We have considered the submissions of the parties and perused the

record.

5. The direction issued in Para 24(d) needs to be read as direction to the

Central Board under Section 32(b) of the EPF Scheme, 1952 to consider in

accordance with law. We are of the view that subject to above clarification,

the appeal needs to be disposed of. The appeal is disposed of with the above

clarification.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Ins.) No.508 of 2025